DUI Laws in Georgia

Law Office of Jackie Patterson

You don’t need to fumble through legal jargon. You want to know Georgia’s specific DUI laws and how they’ll affect your case. So in plain English, here are some of Georgia’s important DUI laws you need to know.

Less Safe and Unlawful Violations

In O.C.G.A., you’ll find Georgia’s main DUI statue. A DUI charge results in a violation of subsections (a) (1,2,3,4,5, or 6) of 40-6-391. Subsections (a) 1-4 are known to lawyers. These are “less safe” violations. If you are charged as a less safe driver, the prosecution will try to prove that drugs or alcohol have affected your driving negatively and have made you unsafe on the road. The officer will be a witness and will testify if he or she saw you swerving or if you had slurred speech.

Lawyers also know subsections 5-6 as “per se” or unlawful violations. You are charged with a per se violation if your blood alcohol content (BAC) was found to be over Georgia’s legal limit of .08% or if you were found to have any contraband (drugs) in your system. The prosecution will not have to proof that you were an unsafe driver in this instance.

Georgia and BAC

Georgia’s BAC for a DUI is .08%, however you’re not off the hook if you have a BAC under this. In fact, anyone with a BAC of .05% can be charged with a less safe violation if the prosecution proves you were an unsafe driver through evidence. Georgia law also states that a BAC of .05% to .08% is no conclusion of whether or not you are a less safe driver.

Georgia and Zero Tolerance

Like every other state, Georgia has strict Zero Tolerance laws in place to discourage anyone from drinking and driving who is under the legal drinking age of 21. If you are under 21, you are DUI if you have a BAC of .02% or more. This a “per se” violation.

Georgia Commercial Drivers

For those operating a commercial vehicle in Georgia with a BAC of .04% or more, you are considered DUI. This is also a “per se” violation.